Papua New Guinea EC acquitted, election manager convicted for corruption

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Papua New Guinea EC acquitted, election manager convicted for corruption

PORT MORESBY: Sidelined electoral commissioner Patilas Gamato was acquitted of corruption by the National Court but former National Capital District (NCD) election manager Terence Hetinu was convicted for corruptly receiving K184,300 from a candidate to influence the outcome of the election for the NCD seat in the 2017 General Election.

The court proceedings were reported by The National:

 

Gamato freed, relieved

November 3, 2021The NationalMain Stories

By CHARLES MOI
SIDELINED electoral commissioner Patilias Gamato says he is relieved after the National Court in Waigani acquitted a charge of official corruption against him.
“I have always maintained my innocence,” Gamato told The National after the court decision yesterday.
“I have done the work and responsibility that was given to me as commissioner in honesty and truth.
“(I) am relieved, I am happy.”
Justice Teresa Berrigan, after a trial, acquitted Gamato of the charge of official corruption and conspiracy to commit official corruption after the State prosecutions failed to prove its case on the standard of proof of beyond reasonable doubt.
However, Gamato’s co-accused Terence Hetinu, the NCD election manager in 2017, was convicted of official corruption.
The charge against Gamato stemmed from an incident in June 27, 2017, when Hetinu was arrested by police driving away from an angry crowd at the China Town polling station at East Boroko in NCD during the general election.
Hetinu was in possession of K184,300 in cash together with a signed memorandum of agreement (MoA).
The MoA was between NCD regional candidate Michael Kandiu, Hetinu and Willie Winstand Ipuia, the coordinator or electoral agent for the Moresby North-East electorate for NCD.
The court heard that under the MoA, the parties agreed to “do such acts from time-to-time that shall cause or give effect to” the election of Kandiu for the NCD regional seat.
In return, Kandiu agreed to give Hetinu and Ipuia an undisclosed amount of money to be disbursed between them.
Justice Berrigan, in her judgment, said: “Gamato is not named in the agreement (MoA) and on its face receives no benefit from it.
“Gamato said that he told Hetinu that it was his responsibility as the election manager to find money within the system and process the claims for officials.
“He (Gamato) did not give him (Hetinu) any money.
“He (Gamato) agreed that carrying a large amount of cash on polling day was suspicious.”
Justice Berrigan said Gamato did not recall any incidents of borrowing money from an outside source in an emergency.
Justice Berrigan, in her finding, said: “There is no credible evidence Gamato gave the money to Hetinu.
“Hetinu’s evidence is of limited weight and lacks corroboration.
“The statements made by Gamato during the press conference either on their own or when taken with the totality of the other evidence, do not establish beyond reasonable doubt that Gamato received any money from Kandiu on account of paying polling officials to ensure the latter (Kandiu) won the election.
“Gamato is not named in the MoA, is not a signatory to it and does not receive any benefit under it.”

Hetinu convicted for corruptly receiving K184,300 from candidate

November 3, 2021The NationalNational

THE Waigani National Court has convicted former National Capital District (NCD) election manager Terence Hetinu for corruptly receiving K184,300 from a candidate to influence the outcome of the election for the NCD regional seat in the 2017 general election.
Justice Teresa Berrigan said the State had proved beyond reasonable doubt that Hetinu corruptly received the money for himself on account of paying polling officials and to ensure the NCD regional seat election win for candidate Michael Kandiu.
“Hetinu was the election manager responsible for NCD,” Justice Berrigan said.
“He had been an employee of the commission for 12 years.
“It was his responsibility to ensure that the elections were conducted freely and fairly for the purpose of ensuring that the official elected reflected the will of the people as enshrined in the Constitution.
“His receipt of money on account of interfering with that process for the purpose of ensuring the election of Kandiu was clearly dishonest according to the standards of honest and reasonable people.”
However, Justice Berrigan acquitted Hetinu on the charge of conspiracy to commit official corruption.
The court had conducted a joint trial for Hetinu and sidelined electoral commissioner Patilias Gamato.
According to the brief facts, on June 27, 2017, some polling officials in NCD refused to take up their polling stations that morning due to the non-payment of their camping allowances for the general election.
Gamato and Hetinu met at Gamato’s house to discuss the issue.
Gamato deferred the election to June 30, 2017, on the advice of then NCD Met Supt Benjamin Turi.
Sometime later on June 27, 2017, Hetinu was arrested by police driving away from an angry crowd at the China Town polling station at East Boroko. Hetinu was in possession of K184,300 in cash, together with a signed memorandum of agreement (MoA).
The MoA was between, NCD regional candidate Michael Kandiu, Hetinu and Willie Winstand Ipuia, the coordinator or electoral agent for the Moresby North-East electorate for NCD. During the trial, the court heard that under the MoA, the parties agreed to “do such acts from time-to-time that shall cause or give effect to” the election of Kandiu for the NCD regional seat.
In return, Kandiu agreed to give Hetinu and Ipuia an undisclosed amount of money to be disbursed between them.
The court heard that in the event of Kandiu’s election, Hetinu was to be awarded all security contracts with the NCD Commission for a period of five years.
During Gamato’s daily press conference at 3pm on June 27, 2017, he told reporters that he was aware of the cash as some arrangements had been made to try to organise payments for outstanding camping allowances.
Justice Berrigan said: “It is not possible for me to say conclusively whether or not there were money available for the payment of allowances as on June 27, 2017.
“What I do conclusively find, and what is not in dispute, is that no camping or polling allowances had been paid to election officials or temporary election workers in NCD on or before June 27, 2017.
The court found that there were 370 polling teams comprising 2,590 polling officials in NCD in 2017.
Justice Berrigan said: “The critical facts are that he (Hetinu) agreed to receive benefits, namely money and contracts for the purpose of attempting to ensure the election of Kandiu. It is all there in black and white in the MoA to which he is a named party and signatory.”
Justice Berrigan said the evidence established that pursuant to the agreement, Hetinu received K184,300.